MATTER OF DOLOMITE PRODS. CO., INC. v. KIPERS


19 N.Y.2d 739 (1967)

In the Matter of Dolomite Products Company, Inc., Appellant, v. Frank F. Kipers et al., Constituting the Town Board of the Town of Gates, Respondents.

Court of Appeals of the State of New York.

Reargument ordered December 30, 1966.

Decided March 2, 1967.


Attorney(s) appearing for the Case

Charles S. Wilcox, Frederick Wiedman and James M. Hartman for appellant.

Michael A. Telesca, Town Attorney, for respondents.

Chief Judge FULD and Judges BERGAN, BREITEL and BEST concur in memorandum; Judge BURKE dissents in an opinion in which Judges VAN VOORHIS and SCILEPPI concur.


MEMORANDUM.

The order should be affirmed, with costs, upon the opinion at the Appellate Division. As that opinion demonstrates, the record makes it clear that the appellant carried on no quarrying operations in parcels B and C since it acquired those properties more than 40 years ago. And, contrary to the intimations in the dissenting opinion, the appellant, as the Appellate Division pointed out, offered no proof either ...

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